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duties of various
conferred and imposed by section four thousand six hundred eighty-four; section four thousand six hundred eighty-six to section four thousand six hundred eighty-nine, both inclusive; section four thousand six hundred ninety-one to section four thousand seven hundred six, both inclusive; section four thousand seven hundred eleven to section four thousand seven hundred thirty-one, both inclusive; section four thousand seven hundred thirty-three to section four thousand seven hundred forty-five, both inclusive, of the compiled laws of nineteen hundred fifteen as amended and as supplemented by act number one hundred twenty-five of the public acts of nineteen hundred seventeen, upon county road commissioners on behalf of the county or improvement district with reference to works provided for in said sections and in said act, except as said act number one hundred twenty-five has been held invalid. And all the other rights created and all the other duties imposed by said sections and the said act are herewith likewise made applicable, in so far as appropriate to this act, including the method so provided for a board of review.
(536) Sec. 8. With reference to the work in this act pro- Rights and vided for which shall be done in any county in which the county road system, so-called, shall have been adopted, like bodies, etc. rights are hereby created and like duties are hereby imposed; the acts and proceedings of said county road commissioners hereunder shall receive like effect and validity; like rights and remedies are preserved and restricted to any township, village, city and county affected hereunder by the construction or reconstruction of any such bridge; like rights and remedies are preserved and restricted to any persons, partnerships and corporations affected by any act of said county road commissioners made in connection with or following upon the improvement herewith authorized; and like duties are bereby enjoined upon the several city, village, township and county officials of the cities, villages, townships and county affected hereunder by such improvement, as are by the sections specifically enumerated above and by the said act number one hundred twenty-five respectively created and imposed; as are given to the acts and proceedings of county road commissioners; as are preserved or restricted to township, village, cities, counties, persons, firms and corporations affected by any order or determination made under the authority of said sections or any of them or under the authority.of said act number one hundred twenty-five, or are enjoined upon the several city, village, township and county officials mentioned in said sections and in said act number one hundred twentyfive with reference to the completion by county road commissioners of works of improvement provided for in said sections and in said act number one hundred twenty-five. It is the legislative intent and purpose for the purpose of effectuating this act to make applicable hereto, in so far as
Apportionment of cost.
may be, all the rights, duties, privileges, prerogatives, restrictions and limitations which are created and imposed by the sections above enumerated and by the said act number one hundred twenty-five.
(537) Sec. 9. Such county road commissioners shall have power and it shall be their duty to determine the number of annual installments, not exceeding ten, within which the money for the construction or reconstruction of any such bridge shall be raised. It shall apportion the whole cost of such work, in percentages, as between the special assessment area to be designated by them and whatever cities, villages and townships comprising said road districts and the county, or any or all of them, as in its discretion it shall determine. Such apportionment shall be made according to the benefits from such improvement accruing to the lands within such assessment area and the benefits to the public welfare and convenience of each of the cities, villages, townships and county, or any or all of them. The number of such installments, the road district aforesaid, the said special assessment area and said apportionment shall be designated and announced by said county road commissioners as soon as practicable after the approval of said specifications for said work. No township shall be entitled to any exemption from the payment of any assessment levied against it because of being entitled to the return of any county road taxes paid by it under section twenty-six, chapter four of act number two hundred eighty-three of the public acts of nineteen hundred pine.
Announce ment of decision.
See section 90.
Authority of (538) SEC. 10. Whenever in any county in which the board in certain countles. county road system, so-called, shall not have been adopted,
the board of supervisors shall, pursuant to sections one and two hereof, have ordered a bridge to be constructed or reconstructed, full authority of every necessary character shall thereupon be vested in said board to construct or reconstruct as the case may be, such bridge. In furtherance thereof, said board may delegate any of its powers and duties to any of its officers, or to its committee or committees, or to any or all of them as it may deem suitable.
(539) Sec. 11. Thereafter in any county in which the county road system does county road system, so-called, shall not have been adopted, not prevail.
the board of supervisors shall proceed in such manner as it shall determine, either by the board as a whole, or by any of its officers, or its committee or committees or by any or all of them, to construct or reconstruct such bridge. For such purpose, in so far as applicable hereto, the same powers are hereby conferred, and the same duties are hereby imposed upon said board, and upon its officers, its committee or committees, or any or all of them, if said board shall determine to act through them or any of them, as are conferred and imposed by section four thousand six hundred eighty-four;
Powers and duties of board.
section four thousand six hundred eighty-six to section four thousand six hundred eighty-nine, both inclusive; section four thousand six hundred ninety-one to section four thousand seven hundred six, both inclusive; section four thousand seven hundred eleven to section four thousand seven hundred thirty, both inclusive; section four thousand seven hundred thirty-three to section four thousand seven hundred fortyfive, both inclusive, of the compiled laws of nineteen hundred fifteen as amended and as supplemented by act number one hundred twenty-five of the public acts of nineteen hundred seventeen. It is the legislative intent and purpose in this matter for the purpose of effectuating this act to make applicable hereto, in those counties in which the county road system, so-called, shall not have been adopted, all the rights, duties, privileges, prerogatives, restrictions and limitations which are created and imposed by the said sections and by the said act number one hundred twenty-five. (540) Sec. 12. Upon the completion of any such bridge Bridge to be
public highthe same shall be and become a public highway and shall thereafter be maintained and repaired as such by said county.
(541) Sec. 13. The limitation as to the sums which may Tax limit, be raised by taxation by the county for all highway purposes whether authorized by this, or other statutes, shall not exceed in any one year five dollars for each one thousand dollars of assessed valuation for the preceding year; and the limitation as to sums which may be raised under this act by borrowing upon the faith and credit of the county shall not, with the existing indebtedness of such county, exceed three per cent of its assessed valuation, except that in counties having an assessed valuation of five million dollars or less, where such limitation last named shall not exceed five per cent of the assessed valuation of such county. Nor shall the board of road commissioners or the board of supervisors, as the case may be, borrow in any one year upon the faith and credit of the county, either under the provisions of this, or any other act providing for the construction or repair of Referendum. public buildings or bridges, any sum in excess of one tenth of one mill on the assessed valuation of the county unless submitted to the electors of the county and approved by a majority of those voting thereon; except, however, in any county where the assessed valuation is less than ten million dollars, either said boards may borrow for such purposes to the amount of one thousand dollars. (542) Sec. 14. In the event of any owner of property damages.
of or property rights abutting upon or adjoining said highway, or any township, village or municipality adjoining said stream, being damaged or injured in his or its property or property rights, or the value thereof by reason of the erection of said bridge, the person or persons, township, village or municipality so damaged or injured shall be entitled to recover the money value of such injury or damage suffered, from the county in which said bridge is constructed. Action Action, how for the recovery of damages shall be instituted by the instituted.
Service of summons.
person or persons, township, village or municipality injured or damaged, in the circuit court for the county in which said bridge is constructed, and such action shall be commenced within one year from the time when said bridge shall be fully completed.
(543) SEC. 15. Said action may be commenced by summons, in which the county in 'which said bridge is construced shall be specified as party defendant, and service of said summon's by the sheriff or other proper officer of the county
upon any member of the board of supervisors of such county When served. shall be sufficient for all purposes. Said summons shall be
served by the sheriff or other proper officer at least five
days before the return day thereof, by exhibiting the original Alias and and delivering a copy of the original. If for any cause servpluries
ice shall not be made in accordance with the foregoing, alias
and pluries summons may be issued by the court in which Service action is instituted, as in other civil cases. Service of such binding.
summons shall be sufficient notice of the proceedings to bind the defendant and the property represented by it. The return of the officer upon the summons of due service, shall be filed in the clerk's office before a jury shall be impaneled, and shall be sufficient evidence of service on the defendant
and of the manner of service. Form of
Sec. 16. All pleadings in said cause, and all propleadings,
ceedings thereon shall be in such form as is required un
the general laws of this state. Tax levy for
(545) SEC. 17. The damages awarded by the jury in such damages.
cause, and the expenses thereof shall be paid by such county, to be raised by a general tax to be levied and collected according to the law with reference to general taxes in such county.
This act is applicable only in Wayne county.
LIGHTING OF HIGHWAYS IN UNINCORPORATED
An Act to provide for the lighting by artificial means of the highways
in unincorporated villages by the township board and to provide for the payment of the expense so incurred.
(Act 264, P. A. 1917.)
Authority for lighting.
The People of the State of Michigan enact: (546) SECTION 1. The township board of any township in which there is situated an unincorporated village may by a majority vote of such board at any regular meeting or any special meeting called for that purpose, provide for the lighting by artificial means of any of the highways in such village and the expense of such lighting shall be paid out of the high
may improvement fund: Provided, that there shall be not proviso, sum more than the sum of two hundred fifty dollars spent in any one year for the purpose herein provided for: Provided also, Proviso, when That where such unincorporated village is situated in two or or more
townships. more townships, such provision shall be made by a majority vote of all the township boards in which such village shall be situated at a joint meeting of such township boards held for meetin that purpose and the proportion of such expense to be paid by each of such townships shall be determined at such joint meeting.
(547) Sec. 2. When provision for lighting such unincor- Installation, porated village shall have been made in accordance with sec- system. tion one of this act, it shall be the duty of the highway commissioner of such township to have general supervision over the installing and maintenance of such lighting system under the direction of the township board: Provided, That Proviso, when where such village shall be situated in two or more townships
townships. it shall be determined at the joint meeting of such township boards which one of the township highway commissioners shall have such supervision.
PLANTING TREES ALONG HIGHWAYS.
An Act to regulate the planting of ornamental, nut bearing or other
food producing trees along the highways of the state of Michigan, or in public places, and for the maintenance, protection and care of such trees and to provide a penalty for injury thereof, or for stealing the products thereof.
(Act 36, P. A. 1919.)
The People of the State of Michigan enact: (548) SECTION 1. The state highway commissioner and Authority to the state board of agriculture, acting jointly hereunder, shall plant. have authority and it shall be their duty to select and plant, by seed, scions or otherwise, ornamental, nut bearing, or other food producing trees, (to be supplied by the public domain commission, or the Michigan agricultural college, as may be recommended or approved by the division of agriculture of said college,) suitable for shade trees, along the state trunk line highways and all other highways of the state of where placed. Michigan, upon which state reward has been paid or earned: Provided, That in no case shall such trees be planted except Penrise: copr. by and with the consent of the owner of the property adjoining such highway. The state highway commissioner shall Rules and establish rules and regulations for uniform planting or proper
regulations. placing of all trees under the provisions of this act, and all such trees shall belong to the state, but the products thereof shall belong to the owners of the adjacent land.
Nothing Trees now
growing: herein contained shall authorize the state highway commis